AI Overview...
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Rent Payment as Part Payments - Several court cases indicate that rent, including arrears, can be paid in installments or as part payments, provided there is an agreement or acceptance by the landlord or authority. Courts have upheld notices for rent and allowed tenants or payers to file representations for waivers or installment payments, affirming that partial payments are permissible under certain conditions SHAMEER Vs KERALA STATE ELECTRICITY BOARD - KSEB - Kerala, KABEER K.S. Vs KERALA STATE ELECTRICITY BOARD LIMITED - Kerala.
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Legal Authority and Procedure - The courts emphasize that rent notices issued by authorities like Electricity Boards are valid if issued following proper procedures. Tenants or payers are entitled to negotiate or seek waivers on interest on admitted rent, and courts have recognized their right to file representations for such waivers SHAMEER Vs KERALA STATE ELECTRICITY BOARD - KSEB - Kerala, KABEER K.S. Vs KERALA STATE ELECTRICITY BOARD LIMITED - Kerala.
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Recovery of Arrears and Court Jurisdiction - For recovery of rent arrears, courts have clarified that disputes may be addressed via civil suits or rent controller petitions, and that partial payments or installment plans can be considered if aligned with legal procedures. The courts also scrutinize the bona fide nature of denial of title or disputes over ownership during such proceedings Pokarmal Dadhich VS Vankayala Lakshmikanthamma (died) - Andhra Pradesh, CHANDIRAN vs LOURDU MARIE SANTHO (DIED) - Madras.
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Maintenance Arrears - In cases involving maintenance arrears, courts have highlighted that non-deposit of arrears over years and failure to pay interest pose legal issues. While these cases are more related to maintenance, the principle implies that arrears, including rent, can potentially be paid in installments if the court permits or if an agreement exists PRAKASH S/O EKNATH DHEPLE vs VITHABAI W/O PRAKASH DHEPLE AND ANOTHER - Bombay, PRAKASH S/O EKNATH DHEPLE vs VITHABAI W/O PRAKASH DHEPLE AND ANOTHER - Bombay.
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Property and Rent Disputes - Courts have considered disputes over rent and ownership, allowing for civil suits or rent controller proceedings. Payment of rent or arrears can be made in installments if the parties agree or if the court approves such arrangements, especially when disputes over title or ownership are involved Chandiran VS Lourdu Marie Santho (Died) - Madras.
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Legal Characterization of Payments - Payments linked to rights or assets, including arrears, can be considered capital if made in installments under agreements, and past dues may be paid in lump sums or installments depending on the contractual terms C. I. T. , Delhi VS Bharti Hexacom Ltd. - Supreme Court.
Analysis and Conclusion:
Courts generally recognize that rent arrears can be paid as part payments or installments, especially when there is mutual agreement, or the landlord or authority permits such arrangements. Filing representations or negotiations for waivers on interest are also permitted. However, the validity of such arrangements depends on adherence to legal procedures and specific case circumstances. Therefore, rent arrears can indeed be paid in part payments if the parties or courts approve, and proper legal channels are followed.
References:
- SHAMEER Vs KERALA STATE ELECTRICITY BOARD - KSEB - Kerala
- KABEER K.S. Vs KERALA STATE ELECTRICITY BOARD LIMITED - Kerala
- Pokarmal Dadhich VS Vankayala Lakshmikanthamma (died) - Andhra Pradesh
- PRAKASH S/O EKNATH DHEPLE vs VITHABAI W/O PRAKASH DHEPLE AND ANOTHER - Bombay
- PRAKASH S/O EKNATH DHEPLE vs VITHABAI W/O PRAKASH DHEPLE AND ANOTHER - Bombay
- Chandiran VS Lourdu Marie Santho (Died) - Madras
- C. I. T. , Delhi VS Bharti Hexacom Ltd. - Supreme Court
Search Results for "Whether Rent Arrears can be Payed as Part Payments"
2022 Supreme(Online)(KER) 46912 • India - High Court of Kerala
P. G. Ajithkumar, J
Issues: Whether the notices for pole rent issued by the Electricity Board were valid given the petitioners' claims of lack ... Final Decision: Writ petitions dismissed; conditions for agreement and payment affirmed. ... Writ - Cable TV Operators - Electricity Board - Pole Rent Notices - Legal Authority and Procedure - Summary: The court evaluated ... The petitioners are free to file representation before the respondents for waiving interest on payment of the admitted rent and to pay....
2022 Supreme(Online)(KER) 20348 • India - High Court of Kerala
P. G. Ajithkumar, J
Issues: Whether the Electricity Board had the authority to issue rent notices without prior consent from the cable operators ... payment and agreements. ... Rent - Cable TV Network - Electricity Board Act Section List - The court upheld the notices for pole rent issued by the Electricity ... The petitioners are free to file representation before the respondents for waiving interest on payment of the admitted rent and to pay admitted rent a....
• India - Andhra Pradesh
JAGANNADHA RAO
- RECOVERY OF ARREARS - CIVIL SUIT - JURISDICTION OF RENT CONTROLLER. ... Whether the petitioner could recover the alleged excess rent through a petition before the Rent Controller or whether he should have ... Whether the petitioner was obliged to file a fresh fair rent petition before seeking a refund of the alleged excess rent? 3. ... (4) Whether the tenant can get a refund of the alleged arrears#HL_E....
2024 Supreme(Online)(Bom) 311 • India - High Court of Bombay
SANJAY A. DESHMUKH, J
of maintenance and whether the maintenance amount should be increased due to rising costs. ... (Paras 11, 12) ... ... Issues: The main issues were whether the wife's employment justified cancellation ... The husbands or fathers are many a times are not depositing the arrears of maintenance for years together. They have no fear or burden to payment of interest on that amount of maintenance. It is a serious legal mischief in mischief. Section 125 of the CrPC does not prohibit to wards maintenance. ... He is getting #HL_S....
2024 Supreme(Online)(Bom) 5629 • India - Bombay High Court
SANJAY A. DESHMUKH, J
... ... Issues: The main issues were whether the wife's employment justified cancellation of maintenance and whether the maintenance ... The husbands or fathers are many a times are not depositing the arrears of maintenance for years together. They have no fear or burden to payment of interest on that amount of maintenance. It is a serious legal mischief in mischief. Section 125 of the CrPC does not prohibit to wards maintenance. ... He is getting rent of Rs.1,20,000/- per month from it. His house is c....
2023 0 Supreme(Mad) 1881 • India - Madras
V. BHAVANI SUBBAROYAN
Rent Control - Property Dispute - Pondicherry Building Lease and Rent Control Act, 1980 - Section 25 - The court examined the ... Fact of the Case: The petitioner purchased a property and demanded rent from the respondents, who claimed ownership ... The Rent Controller and the Appellate Authority dismissed the petitioner's claim, directing them to file a civil suit to establish ... Therefore, it is evident that the Rent Controller has to go into the question of denial of title by the tenant and to ren....
2023 0 Supreme(SC) 1043 • India - Supreme Court
B. V. NAGARATHNA, UJJAL BHUYAN
26, 28) ... ... (B) Legal Characterization - The court emphasized that the nature of expenditure, whether ... Payments in instalments can be capital if they are linked to the acquisition of a right or asset. ... It appears that licencees were unable to make payments as per the 1994 agreement and under the 1999 policy, were required to pay lump-sum payment for past arrears before specified dates. 32. ... Dates for payments of arrears were specified. xiii. Past dues u....
2023 Supreme(Online)(MAD) 29123 • India - Madras High Court
payment of rent and for having denied his lawful title. ... Therefore, it is evident that the Rent Controller has to go into the question of denial of title by the tenant and to render a finding as to whether it is bonafidee or malafidee. ... The learned Rent Controller will have to scrutinize the evidence and conclusion will have to be arrived thereof as to whether denial of title by the tenant is bona fide or mala fide. ... purchased the property on 27.03.2012 by mean....
2019 Supreme(Online)(DEL) 5563 • India - High Court of Delhi
(C) 9202/2014 on 24th October, 2016, this Court directed learned counsel for the Petitioners to “obtain instructions whether the services of the Respondents are required or whether the Petitioner wants to discontinue their services. ... The said payments were to be made within a period of two months. 4. ... Rs. 5200- 20200; and, Grade Pay of Rs.1800/- with arrears in terms of the OM dated 7th June, 1988. ... In case the Petitioners want to discontinue the services of the Respondents, it will be stated and confirmed #HL_....
• India - Delhi High Court
or whether the Petitioner wants to discontinue their services. ... Rs. 5200- 20200; and, Grade Pay of Rs.1800/- with arrears in terms of the OM dated 7th June, 1988. 20. ... The said payments were to be made within a period of two months. 4. The CAT further directed the Petitioners to make an assessment of the work being done by the regular staff for output and productivity. ... (C) 9202/2014on 24th October, 2016, this Court directed learned counsel for the Petitioners to “obtain instructions whether t....
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